Invalidity · first instance · 2018-12-07
000010450
Contested design: 001253876-0002
Outcome
The invalidity application is rejected, and the applicant must pay the holder's costs fixed at EUR 400.
Show verbatim operative text
1. The application for a declaration of invalidity of registered Community design No 001253876-0002 is rejected. 2. The applicant bears the holder’s costs, fixed at EUR 400.
CostsApplicant ordered to pay costs of €400
Parties
Applicant · invalidity challenger
TrekStor GmbH
Germany (DE)
Berliner Ring 7, 64625 Bensheim, Germany
Represented by
Holder · RCD owner
ZAGG Incorporated
United States (US)
3855 South 500 West, Suite J, Salt Lake City, Utah 84115, United States of America
Represented by
Legal grounds invoked
Argument summary
- ›The applicant argued that the contested RCD unlawfully used drawings and sketches by Mr Ronghua Jia, whose rights had been assigned through intermediaries to the applicant.
- ›The holder argued that the applicant had not proved German copyright law, ownership of any earlier right, or the conditions required to invalidate the RCD.
- ›The holder also maintained that the design was independently created by its employee, supported by earlier US filings and a November 2010 press release.
- ›The Division found that the applicant's evidence post-dated the RCD filing and did not prove an earlier enforceable copyright right or any infringement.
- ›The sole ground under Article 25(1)(f) CDR was rejected, so the invalidity application failed and costs were awarded against the applicant.
Deciding panel
- MemberLudmila ČELIŠOVÁ
- MemberBenjamin VAN BAVEL
- MemberBirgit FILTENBORG
Decision files
| Language | Type | Source link |
|---|---|---|
| enEnglish | original | Download original from EUIPO ↗ |
Locarno classes
Similar decisions
Ranked by shared Locarno class + shared legal grounds + matching outcome. Click a case to view full detail.
| Case | Date | Outcome | Shared grounds | Locarno | Score |
|---|---|---|---|---|---|
| 000010451 vs ZAGG Inc | 2018-12-07 | Invalidity application rejected | Art 25(1)(f) | 14 | 8 |
| 000010449 vs ZAGG Inc | 2018-12-07 | Invalidity application rejected | Art 25(1)(f) | 14 | 8 |
| 000107739 vs Shenzhen Sinobry Electronic Ltd | 2020-01-16 | Invalidity application rejected | — | 14 | 6 |
| 000101619 vs caresyntax GmbH | 2019-06-17 | Invalidity application rejected | — | 14 | 6 |
| 000102939 vs Andres Meseguer Lozano | 2019-06-05 | Invalidity application rejected | — | 14 | 6 |
| 000010861 vs Adam Hall GmbH | 2018-09-28 | Invalidity application rejected | — | 14 | 6 |
| 000129183 vs Yi Duan | 2025-09-16 | — | — | 14 | 5 |
| 000124156 vs Autoelektronika Maciej Świdnicki | 2024-07-02 | — | — | 14 | 5 |